Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers - members participating remotely
Members Present:
  • Mayor Marianne Meed Ward,
  • Kelvin Galbraith,
  • Lisa Kearns,
  • Rory Nisan,
  • Shawna Stolte,
  • Paul Sharman,
  • and Angelo Bentivegna
Staff Present:
  • Tim Commisso,
  • Nancy Shea-Nicol,
  • David Thompson (Audio/Video Specialist),
  • Richard Bellemare (Audio/Video Specialist),
  • Kristin Sprukulis,
  • and Kevin Arjoon (Clerk)

Note: Due to COVID-19 and public health concerns  public attendance was not permitted at this meeting. The Mayor was present in Council Chambers while Councillors participated remotely.

1.
Call to Order:
 

2.
National Anthem:
 

3.
Land Acknowledgement:
 

4.
Regrets:
 

None.

5.
Proclamations:
 

6.
Recognitions and Achievements:
 

None.

7.
Motion to Approve Council Minutes:
 

  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meetings of Council:

    CARRIED

8.
Presentations:
 

None.

9.
Declarations of Interest:
 

None.

10.
Delegations:
 

None.

11.
Petitions:
 

None.

12.
Recommendations from Standing Committees:
 

12.1
Council Workshop meeting of September 20, 2021
This item has attachments. 

1.09_20_21_Council_Workshop_Committee_Minutes.pdf

There were no recommendations from this meeting. 

12.2
Council Workshop meetings of September 22, 23, 28 and 29, 2021
This item has attachments. 

1.Council Workshop September 22, 23, 28, 29, 2021.pdf

There were no recommendations from these meetings. 

12.3
Community Planning, Regulation & Mobility meeting of October 5, 2021
This item has attachments. 

1.10-05-21 - Post-Meeting Minutes - Community Planning, Regulation and Mobility Committee_Oct05_2021 - English.pdf

Items a to d were voted upon by way of one consent vote. 

  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

a.
Zoning by-law amendment for 1600 Kerns Road (PL-40-21)
 

  • Motion No.

    Direct staff to continue to process the submitted Zoning By-law amendment for 1600 Kerns Road, including evaluating and incorporating any/all comments received by committee and public at the statutory public meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

    CARRIED

b.
Revenue funded positions for Development Services (PL-46-21)
 

  • Motion No.

    Approve additional staff positions required by Development Services and funded by revenues.

    CARRIED

c.
Floodplain and Spills Approach: Lower Hager and Lower Rambo Creeks (PL-50-21)
 

  • Motion No.

    Receive and file community planning department report PL-50-21 regarding Floodplain and Spills Approach: Lower Hager and Lower Rambo Creeks.

    CARRIED

d.
Confidential advice regarding a planning matter (L-27-21)
 

  • Motion No.

    Receive and file confidential legal services department report L-27-21 providing advice on a planning matter.

    CARRIED

12.4
Corporate Services, Strategy, Risk & Accountability meeting of October 6, 2021
This item has attachments. 

1.10-06-21 Post-Meeting Minutes_Corporate Services, Strategy, Risk and Accountability Committee.pdf

Items b to f were voted upon by way of one consent vote. 

  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

b.
Audit and Accountability Fund – Intake 3 (CS-12-21)
 

  • Motion No.

    Direct the Government Relations Manager to submit an expression of interest to the Ministry of Municipal Affairs and Housing regarding the Audit and Accountability Fund Intake 3 for a web architecture and modernization review and a land management database platform review, by the October 28, 2021 deadline; and

    Authorize the Mayor and City Clerk, should the funding be approved, to execute the necessary transfer payment agreements, along with any other related documents or by-laws between the City of Burlington and Province of Ontario with respect to the Audit and Accountability Fund Intake 3, to the satisfaction of the Executive Director of Legal Services and Corporation Counsel; and

    Authorize the Chief Financial Officer to single source a third-party consultant to complete each review project should the City of Burlington’s request for funding be approved by the Ministry of Municipal Affairs and Housing.

    CARRIED

c.
Lobbyist Registry implementation (CL-28-21)
 

  • Motion No.

    Approve the Lobbyist Registration Policy attached as appendix A to office of the city clerk report CL-28-21.

    CARRIED

d.
Burlington Lands Partnership update 1 (CM-22-21) (SD-29-21)
 

  • Motion No.

    Receive and file city manager’s office report CM-22-21 providing Burlington Lands Partnership update; and

    Approve one-time funding of $250,000 funded from the Strategic Plan Reserve Fund for year 2 operations of the Burlington Lands Partnership; and

    Direct the City Manager to report back to the Corporate Services, Strategy, Risk and Accountability Committee in Q1 2022 on multi-year strategic land priorities, as well as options and recommendations for proposed funding sources, in conjunction with finalizing the strategic opportunities filter; and

    Direct the City Manager to report back by Q1 2022 with a proposed strategic lands strategy for the acquisition and community use of current and potential surplus school sites that includes the following elements:

    • a current practise review of former school site uses in other municipalities, including opportunities for attainable housing;
    • a complete review of existing federal and provincial housing support programs, in coordination with the work underway via the housing strategy;
    • opportunities for housing, parkland and community uses on these sites, in partnership with other agencies, non-profit organizations and levels of government, including Halton Region, and coordinated with the work of the Burlington Lands Partnership;
    • budgetary implications for known and potential sites that may come available;
    • a community engagement strategy on potential uses for these sites; and
    • communication to the four school boards (English public and catholic, French public and catholic) that the city has an interest in considering any school sites that may become available, and requests regular communication from all boards about their long-term plans. (SD-29-21)
    CARRIED

e.
COVID-19 Vaccination Policy for city volunteers (CC-04-21)
 

  • Motion No.

    Approve the COVID-19 Volunteer Vaccination Policy, attached as appendix A to corporate communications and engagement department report CC-04-21.

    CARRIED

f.
Confidential insurance report (L-21-21)
 

  • Motion No.

    Receive and file confidential legal department report L-21-21 providing the status update on the 2022-2023 insurance renewal.

    CARRIED

a.
Election symposium update (CL-29-21)
 

  • Motion No.

    Approve the cancellation of the October 2021 election symposium as set out in office of the city clerk report CL-29-21; and

    Direct the City Clerk to report back in Q1 2023 on hosting an election symposium event to solicit feedback from the public on their voting experience.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

12.5
Environment, Infrastructure & Community Services meeting of October 7, 2021
This item has attachments. 

1.Post-Meeting Minutes - EICS_Oct07_2021 - English.pdf

Items a to d were voted upon by way of one consent vote. 

  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

a.
Support for Joseph Brant Hospital's mental health and addictions redevelopment project (EICS-C-05-21) (SD-30-21)
 

  • Motion No.

    Direct the Mayor to send a letter to the Premier and local MPPs, Prime Minister, MPs and the Federation of Canadian Municipalities on behalf of Burlington City Council in support of Joseph Brant Hospital’s request of the provincial government to provide funding for their Mental Health and Addictions Redevelopment Project (SD-30-21).

    CARRIED

b.
COVID 19 emergency response verbal update (EICS-C-06-21)
 

  • Motion No.

    Receive and file the October 7, 2021 staff presentation providing the COVID-19 emergency response verbal update.

    CARRIED

c.
431 Martha Street retaining wall cost sharing agreement (ES-49-21)
 

  • Motion No.

    Authorize the Director of Engineering Services to negotiate and execute a cost sharing agreement with the owners of property municipally known as 431 Martha Street, City of Burlington for the design and replacement of a jointly owned retaining wall that is in need of replacement, with content satisfactory to the Director of Engineering Services and form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and

    Approve the project geotechnical investigation and detail design costs funding as noted in engineering services department report ES-49-21.

    CARRIED

d.
Confidential regulatory litigation report (L-29-21)
 

  • Motion No.

    Receive and file legal department report L-29-21 providing a status update on potential regulatory ligation.

    CARRIED

12.6
Community Planning, Regulation & Mobility Public meeting of October 12, 2021
This item has attachments. 

1.10-12-21 - Post-Meeting Minutes - Community Planning, Regulation and Mobility Committee_Oct12_2021 - English.pdf

a.
Official Plan and Zoning By-law amendments for 774, 778, 780, 782 Brant Street (Parcel A); 769, 779, 783 Brant Street & 2023, 2027, 2031-2033 Ghent Avenue (Parcel B); and 747, 761 Brant Street (Parcel C) (PL-42-21)
 

  • Motion No.

    Direct staff to continue to proceed with the processing of application for Official Plan and Zoning By-law amendments for 774, 778, 780, 782 Brant Street (Parcel A); 769, 779, 783 Brant Street & 2023, 2027, 2031-2033 Ghent Avenue (Parcel B); and 747, 761 Brant Street (Parcel C), including evaluating and incorporating any/all comments received by committee and public at the statutory public meeting, as well as the comments received through the ongoing technical review of this application by agency partners and internal departments.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

13.
Motion to Approve Standing Committee Minutes:
 

  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Stolte

    Approve the following minutes:

    CARRIED

14.
Urgent Business:
 

14.1
Motion to move into closed session
 

  • Motion No.
    Moved by:Councillor Sharman
    Seconded by:Councillor Bentivegna

    Burlington City Council moved into closed session at 1:11 p.m. in accordance with the following provision under the Municipal Act:

    Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

14.2
Motion to move into public session
 

  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Stolte

    Burlington City Council moved into public session at 2:39 p.m. 

    CARRIED

14.3
Confidential update on a litigation matter (L-28-21)
 

  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Galbraith

    Refer confidential legal department report L-28-21 to a special council meeting on October 22, 2021 at 9:00am, and that external legal counsel be directed as per the closed session meeting held October 19, 2021

    IN FAVOUR: (5)Mayor Meed Ward, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    OPPOSED: (2)Councillor Galbraith, and Councillor Sharman
    CARRIED (5 to 2)

14.4
Extension to temporary use by-law for outdoor patios (PL-55-21)
This item has attachments. 

1.PL-55-21 Extension to Temporary Use By-law for Outdoor Patios.pdf
2.PL-55-21 Appendix A.pdf
  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Sharman

    Approve By-law 2020.434, to extend the period of time for which the Temporary Use By-law 2020.427 is authorized, as Appendix A to community planning department report PL-55-21; and

    Waive the fees and requirements for site plan approval and zoning clearance certificate for temporary outdoor patios and temporary tents (structures) on private property until April 14, 2022; and

    Authorize the Executive Director of Community Planning, Regulation and Mobility, to approve the extension of temporary outdoor patios on private property to April 14, 2022 subject to such criteria and conditions as staff deem appropriate; and

    Authorize the Executive Director of Community Planning, Regulation and Mobility to grant or revoke such approvals, consents, agreements or other authorizations and take such other steps as may be required to give effect to the recommendations herein.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

15.
Motions of Members:
 

None.

16.
Council Information Packages:
 

17.
Motion to Receive and File Information Items:
 

  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Kearns

    Receive and file the following item, having been considered by Council:

    CARRIED

18.
Motion to Consider Confidential Items:
 

None.

19.
Notices of Motion:
 

None.

20.
Motion to Approve By-Laws:
 

  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Kearns

    Enact and pass the following by-law which is now introduced, entitled and numbered as indicated below:

     

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

21.
Confirmatory By-law:
This item has attachments. 

1.confirmation by-law 10-19-21.pdf
  • Motion No.
    Moved by:Councillor Galbraith
    Seconded by:Councillor Stolte

    ​​Enact and pass By-law Number 56-2021, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, October 19, 2021, being read a first, second and third time.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

22.
Statements by Members:
 

23.
Motion to Adjourn:
 

  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Kearns

    Adjourn this Council now to meet again at the call of the Mayor.

    3:59 p.m.

    CARRIED
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